A New South Wales teacher, who was filmed punching a teenage student, has managed to avoid jail time on a common assault charge.
Michael John Kable (63) pleaded guilty to one count of common assault for a punch to the back of a student’s head.
The assault occurred in his classroom at Maitland Grossman High School, when a brawl broke out on March 21.
The brawl and subsequent punch were filmed by another student and posted to social media.
In the now viral video, Kable and his students appear to be throwing paper at each other.
The incident escalated after a student’s desk appears to be thrown at Kable, who in turn grabbed a male student by his shirt collar.
Kable appeared in Newcastle District Court, with Judge Peter McGrath accounting for the circumstances around the punch, but still noting that it was an “objectively serious assault” that occurred.
“It appears Mr Kable was tasked with a class, which according to other teachers, were recognised as a group of difficult students,” Judge McGrath said.
During the case, it was also noted that Kable was both physically and verbally tormented by the students.
“Foam balls, pencil cases, pens and bulldog clips were thrown in the direction of the accused,” said Judge McGrath.
“I accept some of these items actually struck Mr Kable … a bulldog clip hit him in the face.
“[This occurred] as he stood at the front of the room trying to teach students.”
Judge McGrath also noted that this was Kable’s first criminal offence, and his actions were out of character, as Kable’s peers described him as “efficient and caring” and that he is “a teacher that goes above and beyond what’s required on a normal school day.”
Judge McGrath also stated that he was considering both the protection of the community, as well as Kable’s own protection and safety.
“I accept he was subject to extreme provocation as a casual teacher who was perhaps not supported as much as he should have been.”
Kable was sentenced to an 18-month conditional release order, with no conviction recorded.
Under the order, he must not commit any additional offense during the time period, and maintain a relationship with his general practitioner as well as his mental health treatment plan.